[106th Congress Public Law 354]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ354.106]
[[Page 114 STAT. 1381]]
Public Law 106-354
106th Congress
An Act
To amend title XIX of the Social Security Act to provide medical
assistance for certain women screened and found to have breast or
cervical cancer under a federally funded screening program, to amend the
Public Health Service Act and the Federal Food, Drug, and Cosmetic Act
with respect to surveillance and information concerning the relationship
between cervical cancer and the human papillomavirus (HPV), and for
other purposes. <<NOTE: Oct. 24, 2000 - [H.R. 4386]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Breast Cancer
Prevention and Treatment Act of 2000.>>
SECTION 1. SHORT TITLE. <<NOTE: 42 USC 1305 note.>>
This Act may be cited as the ``Breast and Cervical Cancer Prevention
and Treatment Act of 2000''.
SEC. 2. OPTIONAL MEDICAID COVERAGE OF CERTAIN BREAST OR CERVICAL CANCER
PATIENTS.
(a) Coverage as Optional Categorically Needy Group.--
(1) In general.--Section 1902(a)(10)(A)(ii) of the Social
Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended--
(A) in subclause (XVI), by striking ``or'' at the
end;
(B) in subclause (XVII), by adding ``or'' at the
end; and
(C) by adding at the end the following:
``(XVIII) who are described in
subsection (aa) (relating to certain
breast or cervical cancer patients);''.
(2) Group described.--Section 1902 of the Social Security
Act (42 U.S.C. 1396a) is amended by adding at the end the
following:
``(aa) Individuals described in this subsection are individuals
who--
``(1) are not described in subsection (a)(10)(A)(i);
``(2) have not attained age 65;
``(3) have been screened for breast and cervical cancer
under the Centers for Disease Control and Prevention breast and
cervical cancer early detection program established under title
XV of the Public Health Service Act (42 U.S.C. 300k et seq.) in
accordance with the requirements of section 1504 of that Act (42
U.S.C. 300n) and need treatment for breast or cervical cancer;
and
``(4) are not otherwise covered under creditable coverage,
as defined in section 2701(c) of the Public Health Service Act
(42 U.S.C. 300gg(c)).''.
[[Page 114 STAT. 1382]]
(3) Limitation on Benefits.--Section 1902(a)(10) of the
Social Security Act (42 U.S.C. 1396a(a)(10)) is amended in the
matter following subparagraph (G)--
(A) by striking ``and (XIII)'' and inserting
``(XIII)''; and
(B) by inserting ``, and (XIV) the medical
assistance made available to an individual described in
subsection (aa) who is eligible for medical assistance
only because of subparagraph (A)(10)(ii)(XVIII) shall be
limited to medical assistance provided during the period
in which such an individual requires treatment for
breast or cervical cancer'' before the semicolon.
(4) Conforming amendments.--Section 1905(a) of the Social
Security Act (42 U.S.C. 1396d(a)) is amended in the matter
preceding paragraph (1)--
(A) in clause (xi), by striking ``or'' at the end;
(B) in clause (xii), by adding ``or'' at the end;
and
(C) by inserting after clause (xii) the following:
``(xiii) individuals described in section 1902(aa),''.
(b) Presumptive Eligibility.--
(1) In general.--Title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) is amended by inserting after section 1920A
the following:
``presumptive eligibility for certain breast or cervical cancer patients
``Sec. 1920B. <<NOTE: 42 USC 1396r-1b.>> (a) State Option.--A State
plan approved under section 1902 may provide for making medical
assistance available to an individual described in section 1902(aa)
(relating to certain breast or cervical cancer patients) during a
presumptive eligibility period.
``(b) Definitions.--For purposes of this section:
``(1) Presumptive eligibility period.--The term `presumptive
eligibility period' means, with respect to an individual
described in subsection (a), the period that--
``(A) begins with the date on which a qualified
entity determines, on the basis of preliminary
information, that the individual is described in section
1902(aa); and
``(B) ends with (and includes) the earlier of--
``(i) the day on which a determination is made
with respect to the eligibility of such individual
for services under the State plan; or
``(ii) in the case of such an individual who
does not file an application by the last day of
the month following the month during which the
entity makes the determination referred to in
subparagraph (A), such last day.
``(2) Qualified entity.--
``(A) In general.--Subject to subparagraph (B), the
term `qualified entity' means any entity that--
``(i) is eligible for payments under a State
plan approved under this title; and
``(ii) is determined by the State agency to be
capable of making determinations of the type
described in paragraph (1)(A).
[[Page 114 STAT. 1383]]
``(B) Regulations.--The Secretary may issue
regulations further limiting those entities that may
become qualified entities in order to prevent fraud and
abuse and for other reasons.
``(C) Rule of construction.--Nothing in this
paragraph shall be construed as preventing a State from
limiting the classes of entities that may become
qualified entities, consistent with any limitations
imposed under subparagraph (B).
``(c) Administration.--
``(1) In general.--The State agency shall provide qualified
entities with--
``(A) such forms as are necessary for an application
to be made by an individual described in subsection (a)
for medical assistance under the State plan; and
``(B) information on how to assist such individuals
in completing and filing such forms.
``(2) Notification requirements.--A qualified entity that
determines under subsection (b)(1)(A) that an individual
described in subsection (a) is presumptively eligible for
medical assistance under a State plan shall--
``(A) notify the State agency of the determination
within 5 working days after the date on which
determination is made; and
``(B) inform such individual at the time the
determination is made that an application for medical
assistance under the State plan is required to be made
by not later than the last day of the month following
the month during which the determination is made.
``(3) Application for medical assistance.--In the case of an
individual described in subsection (a) who is determined by a
qualified entity to be presumptively eligible for medical
assistance under a State plan, the individual shall apply for
medical assistance under such plan by not later than the last
day of the month following the month during which the
determination is made.
``(d) Payment.--Notwithstanding any other provision of this title,
medical assistance that--
``(1) is furnished to an individual described in subsection
(a)--
``(A) during a presumptive eligibility period;
``(B) by a entity that is eligible for payments
under the State plan; and
``(2) is included in the care and services covered by the
State plan,
shall be treated as medical assistance provided by such plan for
purposes of clause (4) of the first sentence of section 1905(b).''.
(2) Conforming amendments.--
(A) Section 1902(a)(47) of the Social Security Act
(42 U.S.C. 1396a(a)(47)) is amended by inserting before
the semicolon at the end the following: ``and provide
for making medical assistance available to individuals
described in subsection (a) of section 1920B during a
presumptive eligibility period in accordance with such
section''.
(B) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C.
1396b(u)(1)(D)(v)) is amended--
(i) by striking ``or for'' and inserting ``,
for''; and
[[Page 114 STAT. 1384]]
(ii) by inserting before the period the
following: ``, or for medical assistance provided
to an individual described in subsection (a) of
section 1920B during a presumptive eligibility
period under such section''.
(c) Enhanced Match.--The first sentence of section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b)) is amended--
(1) by striking ``and'' before ``(3)''; and
(2) by inserting before the period at the end the following:
``, and (4) the Federal medical assistance percentage shall be
equal to the enhanced FMAP described in section 2105(b) with
respect to medical assistance provided to individuals who are
eligible for such assistance only on the basis of section
1902(a)(10)(A)(ii)(XVIII)''.
(d) <<NOTE: Applicability. 42 USC 1396a note.>> Effective Date.--
The amendments made by this section apply to medical assistance for
items and services furnished on or after October 1, 2000, without regard
to whether final regulations to carry out such amendments have been
promulgated by such date.
Approved October 24, 2000.
LEGISLATIVE HISTORY--H.R. 4386 (S. 662):
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SENATE REPORTS: No. 106-323 accompanying S. 662 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 146 (2000):
May 9, considered and passed House.
Oct. 4, considered and passed Senate, amended, in lieu of S.
662.
Oct. 12, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Oct. 24, Presidential statement.
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